KALLU SEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant was tried by the learned by the learned Special Judge (N.D.P.S. Act), Katihar in G.R. Case No. 31 of 2003 for a charge under Section 20(b)(i) of the N.D.P.S. Act and was found guilty by judgement dated 24.4.2007 and after being heard on sentence on 25.4.2007 was directed to suffer rigorous imprisonment for 14 years as also to pay a fine of Rs. 1,00,000/-. In default of paying the fine the appellant was to suffer, as per the direction of the learned trial Judge, further period of rigorous imprisonment for four years.

(2.) The facts of the case lie in a very narrow compass. The railways officials found that the passenger travelling on berth No. 41 of 2423 DN Rajdhani Express running in between Gauhati and New Delhi was having a ticket in a fake name, namely, S. Das. The intimation was forwarded to the control room and from there to the Katihar Junction where the train was intervened by the informant, P.W.2 Shiv Prasad Dwivedi, Chief Ticket Inspector, R.P.F. constable Kuber Singh (P.W.3) and R.P.F. Sub-Inspector Brij Bihari Ram (P.W.5). The man was found to be the appellant and he was also allegedly found in possession of a plastic bag and an attache case. On search of the attache case two packets containing about 23.7 K.Gs. of ganja were recovered in presence of witnesses P.W.1, Sub-Inspector and P.W.6, Constable Hari Kishore of the R.P.F. and accordingly R.P.F. personnel prepared seizure memo Ext-1.

(3.) For, the appellant was travelling in a fake name, he was detained for committing offence under Section 142 of the Railways Act and after having recovered the narcotic substance the R.P.F. personnel felt that it could be a fit case for being investigated into by the G.R.P.S. and as such the appellant along with the seized article was produced before the G.R.P.S. with a written report Ext-4 and accordingly, the F.I.R. Ext-3 was drawn up. The police also prepared seizure memo on the 21st of March, 2003 on production of the seized substance.